The statutory declaration has to ensure that whether further consents are required as under section 3 or not since it is important to confirm that no consent has been outdated or withdrawn and all the conditions as required have been met. When applied for extinguishing it is important to include the title of the owner with the person’s name and address in order to ensure the consent as obtained by the owner. It is important that the consent is accepted by the registrar and it has been submitted along with sufficient evidence to support the purpose and obviously the consent to be extinguished must be cancelled.
The consent needs to be submitted as under section 3 and 41 of the Act which is Form CON 1 and according to Rule 16 the registrar has the authority to reject any application The form of the consent required under or by the virtue of the section 3 and 41 of the Act is Form CON 1.In addition to the registrar’s powers contained in rule 16 of the main rules, the registrar may reject an application on delivery or he may cancel it at any time thereafter if plans submitted with it (whether as part of the commonhold community statement or otherwise) are insufficiently clear or accurate. When a consent included as under section 3 of the Act has been submitted without confirming that whether it is registered or not and that the person who has submitted the consent has to be the owner of the interest at that time since this is essential for it to be lawful.
The service of notice as under section 2 of the Act and for a lease that is untitled comes under section 9 of the Act and a notice has to be given before closing a lease and also that the person receiving the benefit has to be aware of certain cautions and also follow certain restrictions in the dealings as for the leasehold title to the registrar.
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